Governor wants Sussex lawmakers to agree on project, or he'll drop it

Jan. 27, 2011

Written by

JEFF MONTGOMERY and MAUREEN MILFORD

The News Journal

Gov. Jack Markell suspended all work on the massive U.S. 113 highway project south of Milford on Wednesday, warning Sussex County lawmakers that the $850 million plan will be dropped entirely unless they reach a consensus on the best approach.

The decision follows months of criticism by many of the same lawmakers of land deals struck with developers by the Department of Transportation and revealed by The News Journal. Lawmakers have also argued about the route DelDOT officials have proposed to divert traffic around Millsboro, Dagsboro, Frankford and Selbyville, part of a multi-year safety and congestion-relief initiative that could stretch to the Maryland line.

Although supporters say the work is critical to Sussex County's development, others have countered that DelDOT's plan would needlessly run new lanes and bridges across farms, near neighborhoods and over waterways.

"This is a project which could literally mean the investment of many hundreds of millions of dollars in Sussex County, and it's not one we want to go forward with absent a broad consensus from the elected legislators," Markell said after meeting with all of Sussex County's House and Senate delegation in his Legislative Hall office.

"Should the Sussex County delegation decide to take ownership and leadership with respect to this project in the coming months, I will reconsider my decision," Markell said. "If not, there are other important projects throughout the state where these resources can and will be re-directed."

Sen. George H. Bunting, Jr., D-Bethany Beach, said Markell's move was partly a shot across the bow of lawmakers whose views about the project have changed over time.

"He's frustrated, I think, with the media and some of the things that have gone on," Bunting said. "I do think there should be major reforms within DelDOT."

Catherine L. Rossi, Markell's communications director, said Markell was concerned about the apparent shift in lawmakers' views and was "disappointed by the lack of leadership."

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"Frustration would probably be an appropriate word to use, certainly frustration cumulatively, over time," Rossi said.

Sen. Joseph Booth, R-Georgetown, said public confidence in DelDOT and the administration has been shaken in recent months by revelations about the agency's real estate dealings in connection with U.S. 113. Two other deals along the same road near Milford are under federal investigation.

"You have the same agency headed by the same people who may just repeat the same mistakes," said Booth, who sponsored a joint House-Senate resolution last week calling for a stop to the U.S. 113 study.

"It's pretty ironic that we can spend close to $17 million on so-called experts and consultants, but in the next couple of months he's going to rely on part-time legislators to come up with a solution."

Booth and other legislators have said DelDOT kept them in the dark about the project and about deals that appeared to benefit developers at taxpayers' expense.

Earlier this month, in a report on questionable highway agency land dealings, Markell's staff said public records "overwhelmingly refute" claims that DelDOT was ignoring legislators.

DelDOT and Markell, Bunting countered, had never previously discussed the issue with the entire, assembled delegation.

Markell's move comes two years after DelDOT announced the scuttling of a major U.S. 113 bypass in the Milford-Lincoln area. Public opposition brought down that plan, and a similar groundswell emerged against changes in sections to the south late last year, when hundreds of residents signed petitions opposing proposed new corridors.

DelDOT spokesman Geoff Sundstrom said the state has spent about $14 million on planning, engineering and related studies for U.S. 113. About $2 million has been spent paying developers not to build on land that may be needed for the highway.

House Majority Leader Peter C. Schwartzkopf, D-Rehoboth Beach, agreed that "people were all over the place," during the meeting with Markell, but he said the project could be salvaged.

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"We're going to be all on the same page very shortly," Schwartzkopf said. "We're going to try to figure out whether it's just going to be a bypass around Millsboro and then stop, or whether we're going to continue on."

Agency Secretary Carolann Wicks said there was "no real consistent or cohesive perspective" on how to proceed with U.S. 113 during talks in Markell's office Wednesday.

"We started on this project because we were directed to do so by lawmakers from Sussex County 11 years ago. This is an important project. We simply can't move on with a project of this magnitude without support from Sussex County lawmakers," Wicks said later.

Bunting said it's one thing to support the road initially and another to object to how the project is implemented.

"There are many times when things are proposed and legislators are supportive at first, then you look at all the people affected and the ramifications," Bunting said. "Some of what they proposed was kind of a direct affront to the culture down here, running through farms and across environmentally sensitive areas."

Bunting and Sen. Robert L. Venables, D-Laurel, both have asked DelDOT to look more closely at the idea of bypassing Millsboro to the east, along a new connector that would tie U.S. 113 south of the Stockley Center to Del. 24 east of Millsboro. One path suggested by the legislators would cross state-owned land north of a protected conservation area, easing right-of-way costs to taxpayers.

John Thoroughgood, a Millsboro Town Council member and a member of a DelDOT advisory committee for U.S. 113, said he was surprised by the abrupt suspension of the project.

"I've been on the study group for eight years, and I've never heard a lot of opposition to any of it until the last six months," Thoroughgood said. "If they don't do anything, they need to at least put a bypass around Millsboro and hook into [Del.] 24 -- that would be a short fix that would help the chicken industry -- the traffic really bothers their trucks in that area."

Booth said later that "the governor wasn't interested in listening to complaints about the report, or about how DelDOT conducted itself," in the years leading up to Wednesday.

Markell's staff earlier this month released a report criticizing DelDOT's handling of contracts that paid developers fees of up to $50,000 a month not to build on land along possible new highway corridors.

Markell said those deals, already under review, also are in the balance, saying that he will "obviously pull the plug on those agreements" if lawmakers fail to find common ground.